FYI, Request for 3 month extension to file response to office action cannot be saved.
John Ottaviani,
Senior Counsel
Partridge Snow & Hahn LLP
40 Westminster Street, Suite 1100
Providence,RI 02903
t: 401-861-8253 ∙ f: 401-861-8210 ∙ c: 401-338-3170
jottaviani at psh.com ∙
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Pamela Chestek via E-trademarks
Sent: Tuesday, December 12, 2023 1:13 PM
To: e-trademarks at oppedahl-lists.com
Cc: Pamela Chestek <pamela at chesteklegal.com>
Subject: [EXTERNAL] Re: [E-trademarks] Save Form Feature May Be Working Again
If you scroll down to the bottom, not all forms are affected and in particular applications can still be saved. It's other forms that can't.
Pam
Pamela S. Chestek
Chestek Legal
300 Fayetteville Street
Unit 2492
Raleigh, NC 27602
pamela at chesteklegal.com<mailto:pamela at chesteklegal.com>
(919) 800-8033
www.chesteklegal.com<http://www.chesteklegal.com>
On 12/12/2023 10:08 AM, Winston, Laura via E-trademarks wrote:
We are still having the problem here – just tried to save 2 forms and couldn’t.
[https://files.constantcontact.com/e9c12b2a001/b5b87f26-4898-4ad0-9f55-c31b62573580.png]
Laura J.
Winston
Pronouns:
she, her, hers
Principal
Practice Group Chair, Intellectual Property Practice
D
347.589.8536<tel:347.589.8536>
M
917.270.5811
lwinston at offitkurman.com<mailto:lwinston at offitkurman.com>
[https://files.constantcontact.com/e9c12b2a001/ac463f62-f64b-4328-b99f-3d4ff90c7a09.png]<https://www.offitkurman.com/attorney/laura-winston/>
590 Madison Ave
6th Floor
New York
,
NY
10022
T
212.545.1900
F
212.545.1656<fax:212.545.1656>
offitkurman.com
<http://www.offitkurman.com/>
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com><mailto:e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Greg William via E-trademarks
Sent: Tuesday, December 12, 2023 12:32 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Cc: Greg William <greg at danielsonlegal.com><mailto:greg at danielsonlegal.com>
Subject: Re: [E-trademarks] Save Form Feature May Be Working Again
Indeed - I was just able to save two applications.
-Greg
Gregory S. William, Esq.*
Danielson Legal LLC
One Mifflin Place, Suite 400
Cambridge, MA 02138
w: www.danielsonlegal.com<http://www.danielsonlegal.com>
e: greg at danielsonlegal.com<mailto:greg at danielsonlegal.com>
t: (617) 714-9579
direct: (508) 865-2204
f: (888) 742-8097
*Licensed to practice in Massachusetts
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On Tue, Dec 12, 2023 at 12:27 PM Edward Timberlake via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
It appears the "save form" feature may be working again?
I was able to save a filing a few minutes ago (whereas earlier today the "Save Form" button was not even visible).
Sincerely,
Ed Timberlake
Board Certified Specialist in Trademark Law<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>
Timberlake Law<http://timberlakelaw.com/>
Chapel Hill, NC
Schedule a call on Clarity<https://clarity.fm/edtimberlake>
ed at timberlakelaw.com<mailto:ed at timberlakelaw.com>
919.960.1950
[https://ci3.googleusercontent.com/mail-sig/AIorK4yqPkLcW3Y31kc85P6RS7NWfcWrwuOgQLDSt1RcISuArSpo9OMPIPpEM0gaFcPeg00KJcaNlw0]
On Tue, Dec 12, 2023 at 10:55 AM Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
I'd guess that not one of the USPTO developers managing this particular "update" to the TEAS software has ever in his or her life actually used any of the TEAS forms involved here, in the actual service of a real client.
I'd guess that the same may be said for whatever beltway bandit contractor is being "managed" (using the term loosely ) by the USPTO developers.
I'd guess that if you were to put any of these people on the spot, their stammered answer would be that so far as they knew, the "saved submission" feature was sort of a "nice to have" thing but not actually really important.
Yesterday I received instructions from foreign counsel to carry out a trademark renewal. The fact pattern is complicated and there are layers of communication involved. I am not, for example, in direct communication with the underlying client. The TM registration has five trademark classes in it. The USPTO's proclivity to do "audits" on foreign renewals that have lots of semicolons in the ID means that we have no choice but to worry and worry about the many would-be specimens of use. It is almost certain that two or three or four versions of the would-be TEAS submission will need to be generated and reviewed before the underlying client reaches a confidence level as to everything about what will be contained and said in the renewal. There are time zones involved so that every iteration will include a loss of at least a 24-hour cycle.
Preparing this TEAS submission, and checking its correctness, took me around an hour.
In a normal TEAS workflow, I would save the submission each time, prior to shipping the "click here" link off to foreign counsel. Then the next day when I hear back about the need to make some adjustment to the filing package, I need merely reload the submission file and make the adjustment, and the time required would be just a few minutes.
Same thing a day after that when yet another review cycle has happened and it turns out that yet another adjustment is needed. Maybe against all odds the client managed to snap one last photograph and now there is one more specimen of use to add to the many specimens of use that had already been uploaded to the submission.
But instead of "one hour on the first day plus ten minutes a day later plus another ten minutes a day later", this task for this client is going to suck up maybe three hours of my time. All because the saved-submission feature has been broken for several days now.
More importantly, every time I have to start from a blank form, constructing the renewal package all over again, I have to check the correctness of it from the top to the bottom. Suppose that on the second try or the third try, I inadvertently get it a little bit wrong on which goods from class 10 are to be canceled and which are to be retained. If eventually that submission is the one that gets submitted and it turns out I canceled something that was not supposed to be canceled, it is impossible to get that item of goods back into the case. There is an enormous malpractice risk every time that I start over again from a blank form.
My point here being that the USPTO developers probably have no clue, none at all, about how wrong they are if they use "nice to have but not really super important to have" as their way of characterizing the saved-submission feature.
On 12/12/2023 7:40 AM, Richard Schafer wrote:
Still broken today after three days of outage.
This is significant egg-on-face territory for the PTO and reinforces the opinion that the PTO’s IT department and their contractors are incompetent.
Best regards,
Richard A. Schafer | Schafer IP Law
P.O. Box 230081 | Houston, TX 77223
M: 832.283.6564 | richard at schafer-ip.com<mailto:richard at schafer-ip.com>
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com><mailto:e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Carl Oppedahl via E-trademarks
Sent: Tuesday, December 12, 2023 1:43 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com><mailto:carl at oppedahl.com>
Subject: Re: [E-trademarks] Thanks for the six hours warning on Friday evening that I can't save my draft form...
Thank you for posting.
On 12/11/2023 12:35 PM, Tim Ackermann via E-trademarks wrote:
Evidently, this is still broken -- you cannot save many of the TEAS forms. No ETA on repair.
https://www.uspto.gov/blog/ebiz/<https://www.uspto.gov/blog/ebiz/>
Tim Ackermann
The Ackermann Law Firm
E: tim at ackermannlaw.com<mailto:tim at ackermannlaw.com>
P: 817.305.0690
F: 214.453.0810
W: ackermannlaw.com<http://ackermannlaw.com>
O: 1701 W. Northwest Hwy. Ste. 100
Grapevine TX 76051
On Sat, Dec 9, 2023 at 3:10 PM Tim Ackermann <tim at ackermannlaw.com<mailto:tim at ackermannlaw.com>> wrote:
Posted at 06:24PM Dec 08, 2023<https://www.uspto.gov/blog/ebiz/entry/planned-events941> in Planned Events |
Friday Dec 08, 2023
Planned Events
Trademark Electronic Application System (TEAS) Save Feature Temporarily Disabled on Some Forms
The USPTO will be updating the TEAS forms below which requires us to disable the save feature on those forms beginning at 12:01 a.m. on Saturday, December 9 ET. An update will be posted on this page once the save feature is restored. You’ll still be able to:
1. Save certain forms, including initial applications
2. Upload data from previously saved forms
3. Submit all TEAS forms as usual
Saving will be temporarily disabled on the following forms:
1. Change Address or Representation Form
2. Combined Declaration of Continued Use/Excusable Nonuse and Incontestability under Sections 71 and 15
3. Combined Declaration of Use and Incontestability Under Section 8 and 15
4. Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Section 8 and 9
5. Declaration of Incontestability of a Mark under Section 15
6. Declaration of Use and Excusable Nonuse under Section 71
7. Declaration of Use and/or Excusable Nonuse of Mark in Commerce Under Section 8
8. Letter of Protest
9. Petition for Expungement or Reexamination Form
10. Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
11. Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
12. Petition to the Director
13. Post-Publication Amendment
14. Request for Express Abandonment
15. Request for Extension of Time to File a Response
16. Request for Permission to Withdraw as Attorney of Record
17. Request for Reconsideration after Final Action
18. Request To Delete Section 1(b) Basis, Intent to Use
19. Response to Office Action
20. Response to Office Action for Post-Registration Matters/Response to Office Action for Post-Registration for Expungement or Reexamination Form
21. Response to Suspension Inquiry or Letter of Suspension
22. Section 7 Request Form
23. SOU Extension Request
24. Trademark/Service Mark Allegation of Use
25. Voluntary Amendment Not in Response to USPTO Office Action/Letter Form
Thank you for your understanding. If you have questions, email teas at uspto.gov<mailto:teas at uspto.gov>.
Tim Ackermann
The Ackermann Law Firm
E: tim at ackermannlaw.com<mailto:tim at ackermannlaw.com>
P: 817.305.0690
F: 214.453.0810
W: ackermannlaw.com<http://ackermannlaw.com>
O: 1701 W. Northwest Hwy. Ste. 100
Grapevine TX 76051
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